Earlier reporting: Butler County lawmaker Wes Retherford won't be forced to resign after he was found passed out at a McDonald's drive-thru.

Retherford, 33, of Hamilton, will not face a felony gun charge for the loaded firearm found inside his truck on March 12. A Butler County grand jury did not have enough evidence to indict Retherford on the charge, which could have ended his career as a lawmaker if he were convicted.

Butler County Prosecutor Michael Gmoser, aware of the scrutiny Retherford’s case would receive in Butler County, sent a three-page, single-spaced news release detailing his role in the proceedings, which "brought out more irons in the fire than a Texas cattle ranch."

“I fully support the grand jury’s decision,” Gmoser said. The grand jury vote, like in almost all other cases, will remain confidential.

Gmoser took pains to document how Retherford was treated like any other person facing charges. He polled neighboring prosecutors, studied similar cases since 2005 and found gun charges were commonly dismissed. Some questioned whether Gmoser should have appointed an outside prosecutor.

"When Mr. Retherford was arrested, I made sure he was not permitted to bond out of jail until his first court appearance," Gmoser said in the release. "This was not punitive on my part or treating him worse because of his position, but to insure (sic) that he was not treated better than other weekend alleged offenders who lack access for a quick release."

Butler County Sheriff Richard Jones, whose deputies investigated the case, said he never thought Retherford would be indicted on the felony gun charge. "He’s a very powerful individual," Jones said.

But Jones, a Republican, wouldn't expand on whether he thought Retherford received preferential treatment. The prosecutor runs the grand jury, he added.

"The grand jury is what it is," Jones said. "You don’t always get the outcome you want on either side."

What's next for Retherford? Retherford couldn't be forced to leave his job at the Statehouse, but Butler County Republican Party Chairman Todd Hall still wants him to resign.

"Regardless of the charges and type of indictment Wes incurred, I cannot condone an officeholder who breaks the law and cannot uphold his oath to his constituents," said Hall, even though Retherford has not been convicted. "Wes has an obligation to his community and his party. The GOP expects a higher level of integrity, and I'm sure his district does too."

Republicans in Columbus were less adamant. Ohio Republican Party leader Jane Timken repeated her earlier statement: "If these allegations are true, Representative Retherford should resign from office.” (It's not clear whether Timken’s call for Retherford’s resignation depended upon a felony conviction. An Ohio GOP spokesman said they would refrain from further comment.)

Ohio House Speaker Cliff Rosenberger, R-Clarksville, has taken the "wait and see" approach. He won't weigh in on whether Retherford should keep his seat until the court case is resolved.

Retherford, first elected in 2012 to serve Hamilton and Fairfield, Ross Township and parts of Fairfield, Hanover, and St. Clair townships, has not spoken publicly since his arrest, only releasing a short statement asking for privacy. He did not return a request for comment Tuesday.